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Home My WebLink About21-26 Mirabito SEQR Neg Dec Site Plan Approval- SignedRESOLUTION PB 21-26 TOWN OF LANSING PLANNING BOARD RESOLUTION - STATE ENVIRONMENTAL QUALITY REVIEW (SEQR) NEGATIVE DECLARATION AND SITE PLAN MIRABITO HOLDINGS LANSING PROPANE/ PETROLEUM STORAGE AND DISTRIBUTION FACILITY SITE PLAN (PHASE TWO),15 TOWN BARN RD, TAX PARCEL NO. 30: 1-16.25 WHEREAS, an application was made by Wayne C. Matteson, Jr., P.E., on behalf of Mirabito Holdings, Inc., Owner, for construction of three (3) 30,000-gallon petroleum bulk storage tanks for fuel storage and delivery operations, a 4,000 SF garage structure, a 1,600 SF office building, and 10-15 parking spaces, and other site improvements on the existing 3.05-acre parcel, Lansing, New York, TPN 30.-1-16.25, located in the General Commercial (B2) Zoning District; and WHEREAS, this is a proposed action reviewed under Town of Lansing Code § 270-7 Site Plan Review, for which the completed revised application was received March 9, 2021; and WHEREAS, 6 NYCRR § 617 of the State Environmental Quality Review Act ("SEQRA") requires that a Lead Agency be established for conducting environmental review of projects in accordance with state environmental law and the Lead Agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action; and WHEREAS, the Planning Board, being the agency which has primary responsibility for approving the action, did on March 22, 2021 declare itself the Lead Agency for the environmental review of this Unlisted Action; and WHEREAS, the Tompkins County Department of Planning and Sustainability, Tompkins County Highway Department, and Town of Lansing Highway Department were given the opportunity to comment on the proposed action; and WHEREAS, Project plans, and related information, were duly delivered to the Tompkins County Planning and Sustainability Department per General Municipal Law § 239; et seq., and such Department responded in a letter dated 11 June 2021 from Katherine Borgella, Tompkins County Commissioner of Planning, pursuant to §239 -1, -m, and -n of the New York State General Municipal Law with no recommendations or comments on the proposal; and WHEREAS, the Planning Board has considered and carefully reviewed the requirements of the Town code relative to site plan review, the unique needs of the Town due to the topography, the soil types and distribution, and other natural and man-made features upon and surrounding the area of the proposed site plan, and the Planning Board has also considered the zoning in the area and the project in light of the Towri s Comprehensive Plan and compliance therewith, and as the underlying use is a permitted use in the zone in which located; and WHEREAS, upon due consideration and deliberation by the Town of Lansing Planning Board, now therefore be it RESOLVED as follows: Page 1 of 3 1. That the Planning Board of the Town of Lansing determines the proposed project will result in no significant impact on the environment and that a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act; and 2. That the Planning Board of the Town of Lansing does hereby grant Site Plan approval for the construction of three (3) underground 30,000-gallon petroleum bulk storage tanks for fuel storage and delivery operations, a 4,000 SF garage structure, a 1,600 SF office building, and 12 parking spaces and site improvements on the existing 3.05-acre parcel, Lansing, New York, TPN 30. 1-16.25, which includes all parking layouts, landscaping, dark sky lighting, and other site conditions listed here in Site Plan as shown in and upon the Drawing Sheets titled: "Mirabito Energy Products" Site Plan (S-1), Septic Details (S-2), Additional Details (S-3), Internal Traffic Flow Plan (S-4), prepared by Wayne Matteson Jr., PE, dated October 2021, subject to the following conditions: a. Compliance with the recommendations of the Towri s Engineer and SMO for any final stormwater plans and the terms of the approved final Stormwater Pollution Prevention Plan (SWPPP) for the developed site, and proper completion of all stormwater reports, permits, and facilities in a form and manner as approved by the Town and NYSDEC, including execution and filing of Stormwater Operating, Management, and Reporting Agreement ("SOMRA") in the form as set forth pursuant to Town Code § 225-8(D), which executed and filed SOMRA (and any supporting easements) is required to be submitted to the SMO prior to the issuance of any certificate of occupancy or compliance for the Project. b. The applicant will be required to obtain i) a Bolton Point water permit for a new water service and meter to connect to the existing Consolidated Water District Mains, and ii) a Tompkins County Health Department Onsite Wastewater Treatment System (OWTS) permit. Both permits shall be obtained prior to obtaining any building permit or Certificate of Occupancy ("CO"). c. The applicant must obtain a NY SPDES Multi Sector General Permit for Stormwater Discharges Associated with Industrial Activity (GP-0-17-004), an individual SPDES permit, and the applicant must register with the NYS Bulk Petroleum Discharge Program and obtain any other permits required from regulating agencies. d. All plantings (including as shown on the plans described above) shall be maintained as healthy and natural non-invasive vegetation designed to provide both visual and sound buffering. Existing and any new vegetation shall be properly maintained and any dead, diseased, or dying trees or plants shall be promptly replaced, and any tree or plants that, whether singularly or in combination, due to lack of growth, death, recession, disease or other cause, cease to function as buffers shall be replaced in a manner as promotes the goal of such buffer as stated in this site plan approval. This condition shall be deemed to augment and further define prior site plan approval conditions and site plan features hereby or heretofore approved by the Town. e. All lighting fixtures will be "dark sky compliant" glare -free, downward directed, and shielded lighting as promotes the dark -sky standards of the International Dark -Sky Page 2 of 3 Association (IDA) and lamps will be not higher than 3000K CCT to minimize adverse human and ecological impacts. f. In accordance with Town Code § 270-27(K), this site plan approval is valid for only 36 months from the date hereof, and the applicant/owner is required to commence and substantially complete the construction or other activities for which the site plan is applicable within said 36 months or this approval shall, unless extended upon application timely made, expire, lapse, and be of no further validity, force or effect. Dated: October 25, 2021 Motioned by: Al Fiorille Seconded by: Dean Shea VOTE AS FOLLOWS: Sandra Dennis- Conlon - Aye Tom Butler - Aye Al Fiorille - Aye Larry Sharpsteen - Aye Dean Shea - Aye Dale Baker - Aye Jerry Caward - Aye The Planning Board hereby directs clerk of the Planning Board to promptly, and within 10 days of the date of adoption of this Resolution, file a copy hereof in the Office of the Town Clerk of the Town of Lansing, who returns a date -stamped copy as received to clerk of the Planning Board, who files a hard copy and electronic copy and duly indexes in the Planning & Code Enforcement Department's Building/Property History System. Received in the Lansing Town Clerk's Office on Debbie Munson, Town Clerk Town of Lansing Tompkins County, New York Page 3 of 3